Sachin Srivastava (ITA) 21 January 2021

Rcr by wife and she not returning back

Hello, My wife left my home in 2018 along with my son. Inspite of many attempts by me and relatives and neighbours she refused to come back. No issues happened and she had just went to her mother's home for few days and didn't returned for no reason. In 2019 she filed RCR and HMA24. I responded to her petition that I am ready to stay with her and she should come back. Then lockdown happened and now hearings have resumed. I applied for mediation but she is not ready to attend mediation as well. She says she just need manintainence and doesn't wants to stay with me. She also doesn't allows to talk to my son. She used to do job before marriage but left it after marriage and she is qualified but not working. Please advise what to do. Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

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(Guest)

1. She filed RCR and now not coming back? Awesome! Run to a lawyer, you are in great luck. File a divorce on basis of willful desertion, as she was the one who filed RCR and now not coming back.

2. If your son's age is less than 5years old, wait for him to be atleast 6 and then apply for custody of child, if you want it. You will be granted custody since you are working and your wife is not. Don't fight for child before 5, it's no use. Court generally gives custody of child less than 5years to mother and visitation to father.

3. No maintenance is awarded to wife if she willfully does not want to live with husband. She filed RCR, you said you want to live with her and then she declined. You are at an advantage here.

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